Attorney Greg Grant Secures Dismissal Under the Reckless Misconduct Standard for Recreational Activities

Greg Grant, a partner in our Traverse City office, recently obtained dismissal in a negligence case against a Northern Michigan defendant. In the case, the female plaintiff was dancing on the dance floor at an employee holiday party at a large Northern Michigan resort. The plaintiff claimed that the defendant, a younger male, was also dancing when he fell backward and onto plaintiff resulting in a broken foot. The plaintiff alleged that the defendant was intoxicated and was negligent by falling into the plaintiff.

Mr. Grant filed a motion for summary disposition arguing that ordinary negligence was not the correct standard. He asserted that dancing is a “recreational activity” that is subject to the higher reckless misconduct standard under Ritchie-Gamester v City of Berkley. Under Ritchie, the Michigan Supreme Court, stated “[w]hen people engage in a recreational activity, they have voluntarily subjected themselves to certain risks inherent in that activity. When one of those risks results in injury, the participant has no ground for complaint.”

Gregory Grant is a partner in The Firm’s Traverse City office where he focuses his practice on municipal law, employment and labor law, insurance defense, and litigation. He has extensive litigation experience in the areas of employment and labor law, police liability, first amendment law, due process, Open Meetings Act (OMA) and Freedom of Information Act (FOIA) and has earned dismissals in each of these areas. He may be reached in our Traverse City office at (231) 922-1888 or ggrant@cmda-law.com.